Trucking accidents can have devastating consequences, often resulting in severe injuries and significant property damage. When such accidents occur, it is crucial to determine who is at fault. In this blog post, we will delve into the factors that establish the liability of a trucking company in accidents, providing you with actionable insights to navigate through the complexities of these cases.
Negligent Hiring and Training
One primary way a trucking company can be at fault for an accident is through negligent hiring and training practices. If the company hires drivers with inadequate qualifications, licenses, or a history of reckless driving, they are essentially putting dangerous drivers on the road. Similarly, if a company fails to provide proper training on handling the vehicles or adhering to safety regulations, it can lead to preventable accidents.
Violation of Hours of Service (HOS) Regulations
Truck drivers are subject to Hours of Service (HOS) regulations, which dictate the maximum number of hours they can drive consecutively and within a specific timeframe. These rules are in place to prevent fatigue-related accidents and ensure drivers get adequate rest. If a trucking company pressures or incentivizes its drivers to violate HOS regulations, they may be held liable for accidents resulting from driver fatigue.
Negligent Maintenance and Inspections
Regular maintenance and thorough inspections of commercial trucks are essential to keep them in safe working condition. Trucking companies are responsible for ensuring their fleet undergoes routine maintenance and inspections. If an accident occurs due to faulty brakes, tires, or other mechanical issues that could have been prevented with proper maintenance, the company may be held accountable.
Overloading and Poor Cargo Securing
Overloading a truck or improperly securing cargo can significantly impact the vehicle’s stability and handling, leading to accidents. It is the trucking company’s responsibility to ensure that trucks are loaded within legal weight limits and that cargo is properly secured. Neglecting these safety measures can result in serious accidents and make the company liable for the damages caused.
Failure to Enforce Safety Policies
Trucking companies should have strict safety policies in place and enforce them diligently. This includes protocols for inclement weather conditions, driver behavior, and adherence to traffic rules. If a company fails to enforce its safety policies or incentivizes drivers to compromise safety for faster deliveries, it may bear responsibility for any accidents that occur as a result.
Inadequate Monitoring and Supervision
Monitoring driver behavior and performance is crucial for maintaining safety standards. Trucking companies should utilize technologies like GPS tracking, telematics, and driver logs to supervise their drivers’ activities. Failing to monitor and address unsafe practices promptly may indicate negligence on the part of the company.
Determining the fault of a trucking company in an accident requires a thorough investigation and understanding of the industry’s regulations. In case of an accident, it is essential to consult with a trusted personal injury attorney who can guide you through the legal process and protect your rights.
Contact Precision Litigation Northwest today to schedule a consultation and learn more about how we can assist you in your trucking accident case. Remember, time is of the essence when seeking justice and fair compensation.
Frequently asked questions
How do I find out whether the trucking company is at fault for my crash?
Through the company’s own records. Driver qualification files, training records, hours-of-service logs, maintenance and inspection reports and cargo weight tickets show whether the carrier followed the rules. Those records are not in the police report. An attorney requests them formally and, where needed, compels them in litigation, which is why the request needs to go out early.
Can the trucking company be liable even if the driver caused the crash?
Often, yes. A carrier is generally responsible for its driver’s negligence on the job. It can also be liable for its own choices, such as hiring a driver with a poor record, skipping training, pressuring drivers past their hours limits or ignoring maintenance. Naming the company matters because its insurance limits are usually far higher than the driver’s.
What are hours-of-service rules and how do they affect a truck crash claim?
Federal hours-of-service rules cap how long a commercial driver can drive before resting. They exist because fatigue slows reaction time. A driver over the limit, or a carrier whose schedules made the limit impossible, is evidence of negligence. Today those hours are recorded electronically, so the data either supports the driver’s account or contradicts it.
Who else can be at fault besides the trucking company?
The broker or shipper that loaded the cargo, a maintenance contractor, the manufacturer of a failed part, and any other driver involved. Each may carry separate insurance. Oregon lets you pursue every party whose negligence contributed, and the fault split among them under ORS 31.600 affects what each one pays. Identifying all of them is part of the investigation.
Does the two-year deadline also apply to a claim against a trucking company?
Yes. ORS 12.110(1) gives you two years from the crash to file suit against the driver and the carrier. The practical deadline is much shorter. Carriers are only required to keep some driver logs for six months, and onboard data can be overwritten sooner. A written preservation demand in the first days protects the evidence the deadline does not.
Sources: FMCSA hours-of-service rules · FMCSA drug and alcohol testing program